This is a free country.
I know my rights.
I can be here.
-- David String
from Herner Police report
• This in violation of NJS 2C:29-1A
LOITERING In Glassboro, New Jersey
GLASSBORO CODE:
Chapter
354 |
A citation for Glassboro Code
Section 354-4 for "Loitering"
at Taco Bell
[HISTORY: Adopted by the Mayor
and Council of the Borough of Glassboro 2-9-1971
by Ord. No. 3-71 as Ch. 85 of
the 1971 Code. Amendments noted where applicable.]
§ . Loitering;
public intoxication; indecent
acts; interfering with others.
[Amended 12-8-1998 by Ord. No.
98-25]
A. Definitions. As used in this section, the following terms shall have the meanings indicated:
LOITERING -- Remaining idle in essentially one location, and includes the concepts of spending time idly, loafing or walking about aimlessly, and also includes the colloquial expression "hanging around."B. Certain types of loitering prohibited.PARENT or GUARDIAN -- Includes any adult person having care or custody of a minor, whether by reason of blood relationship, the order of any court or otherwise.
PUBLIC PLACE -- Any place to which the public has access, including any street, highway, road, alley or sidewalk. It shall also include the front or the neighborhood of any shop, store, restaurant, tavern or other place of business and public grounds, areas and parks, as well as parking lots or other vacant private property not owned by or under the control of the person charged with violating this chapter, or, in the case of a minor, not owned by or under the control of his or her parent or guardian.
(1) No person shall loiter in a public place in such a manner as to:
(a) Create or cause to be created a danger or a breach of the peace.(b) Create or cause to be created any disturbance or annoyance to the comfort and repose of any person.
(c) Obstruct the free passage of pedestrians or vehicles.
(d) Obstruct, molest or interfere with any person lawfully in any public place. This subsection shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature of which are calculated to annoy or disturb the person to whom or in whose hearing they are made.
(2) No person shall loiter on the streets or in any public place or in or upon any private property not his or her own, within the limits of the Borough of Glassboro, being under the influence of intoxicating liquors.(3) No person shall loiter on the streets or other public places of said Borough, and no person shall, on said streets or in such public places or from any private property or in any private or public conveyances within said Borough, indulge in and utter loud and offensive or indecent language, or shall address or make audible any offensive remarks or comments upon any person passing along such streets or public places or in any public or private conveyances or upon private property.
(4) No person shall obstruct or interfere with any person or persons lawfully being in or upon such streets or public places or such private or public conveyances or upon private property.
C. Loitering by minors. No
parent or guardian of a minor under the age of 18 years shall knowingly
permit his or her minor to loiter in violation of this chapter.
D. Discretion of police. Whenever any police officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions listed above, he or she may, if he or she deems it necessary for the preservation of the public peace and safety, order that person to leave the place.
Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this chapter.
-- We say that provision in the
local Code is unconstitutional!
A citation for Glassboro Code
Section 354-4 for "Loitering"
at Taco Bell
E. Violations and penalties.
(1) Notice of violation. Whenever any minor under the age of 18 years is charged with a violation of this chapter, his or her parent or guardian shall be notified of this fact by the Chief of Police or by any other person designated by him or her to give such notice.(2) Repeated violations. If at any time within 30 days following the giving of notice as provided above, the minor to whom such notice relates again violates this chapter, it shall be presumed in the absence of evidence to me contrary that the minor did so with knowledge and permission of his or her parent or guardian.
(3) Violations and penalties. Any person violating any of the provisions of this chapter shall, upon conviction, be punished by one or more of the following: a fine not less than $100 and not more than $1,000; or by imprisonment not exceeding 90 days or by a period of community service not to exceed 90 days, or both, in the discretion of the court.
